`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`302 984 6000
`www.potteranderson.com
`
`David E. Moore
`Partner
`Attorney at Law
`dmoore@potteranderson.com
`302 984-6147 Direct Phone
`302 658-1192 Fax
`
`October 30, 2018
`
`VIA ELECTRONIC FILING
`The Honorable Maryellen Noreika
`U.S. District Court for the District of Delaware
`J. Caleb Boggs Federal Building
`844 North King Street
`Wilmington, DE 19801
`
`Re: Godo Kaisha IP Bridge 1 V. OmniVision Technologies, Inc.
`C.A. No. 16-290-MN
`
`Dear Judge Noreika:
`
`Counsel for OmniVision were surprised to receive Plaintiff’s Motion to Strike this
`morning, less than 24 hours prior to the Markman Hearing in this matter. In addition to its
`opposition on the merits and to certain factual representations in the motion, OmniVision
`disputes the procedural propriety of the motion. First, the motion and supporting papers
`contravene Your Honor’s directive regarding motions to strike, specifically that “any motion to
`strike any pleading or other document shall be made pursuant to the discovery dispute procedure
`set forth in Paragraph 8(a)” of Your Honor’s form patent scheduling order. Second, with regards
`to the timing of the motion and the meet and confer process, Plaintiff first mentioned its
`objection to the use of Dr. Yang’s declaration as evidence during a call on October 18,
`2018. When pressed for the bases of its objection, Plaintiff offered none. On the same day,
`OmniVision followed-up with the email (Ex. 1 hereto) requesting again that Plaintiff state the
`bases and support for its objection. Again, Plaintiff remained silent – at least for the 12 days that
`followed. What is clear is that the parties have yet to complete the required meet and confer
`discussion regarding Plaintiff’s motion.
`
`Given the foregoing procedural improprieties, as well as the tactical timing of the motion,
`OmniVision respectfully requests that Plaintiff be ordered to withdraw the motion.
`Alternatively, and to the extent the Court directs OmniVision to respond to the motion and brief
`as filed, counsel respectfully requests a response time in accordance with Local Rules, so that
`what little time is left before tomorrow’s proceedings may be devoted to preparation.
`
`Respectfully,
`
`/s/ David E. Moore
`
`David E. Moore
`
`
`
`Case 1:16-cv-00290-MN Document 118 Filed 10/30/18 Page 2 of 2 PageID #: 2961
`The Honorable Maryellen Noreika
`October 30, 2018
`Page 2
`
`DEM:nmt/5986419/ 43303
`
`Enclosure
`cc:
`Clerk of the Court (via hand delivery)
`Counsel of Record (via electronic mail)
`
`
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